Re: Golden Canon thought

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Martin Diekhoff
Thu, 19 Feb 1998 17:42:52 -0800


Several loopholes come to mind when considering long-term
preservation and archival activities. District Courts and U.S. Supreme
Court case law does seems to exempt liability for use of copyrighted
materials that are displayed with "de minimis non curat lex" or, being so
trivial in their violation of an owner's/author's rights that their damage is
insignificant and not worthy of consideration by the courts.

Also, probably most copyrighted works will fall into public domain by the
year 12,000, unless we all start growing our own organs and copyright
law is substantially amended to several thousand years past the author's
lifetime... :-)

Actual Copyright law 17 U.S.C. Sec 108 details the limitations on library
and archival activities (http://www.law.cornell.edu/uscode/17/108.html).
The primary limitation seems to be number of copies--current law limits it
to ONE copy only, although legislation before Congress might extend it to
three (3).

It's worth noting that even so much as a hint of commercial activity or
impact from library or archival activities might slip into the quagmire. Most
recent "fair use" cases have been decided *against* claims of "fair use,"
although the vast majority of these cases are related to commercial
activity.

Martin

>>> Danny Hillis <> 02/19/98 02:57pm >>>
Has anyone ever heard of a not-for-profit getting into trouble for
archiving information?
-danny

At 5:41 AM -0500 2/19/98, Esther Dyson wrote:
>You're in danger of getting involved with some nasty legal issues here.
>Many IP owners lack a sense of humor. SImply not charging users is
not
>enough to qualify for fair use. Whether the law makes sense or not is a
>different matter, but it would be a shame to get tied up with these knots.
>
>Esther
>
>At 09:38 PM 2/18/98 -0800, Kevin Kelly wrote:
>>>1) Would it be best to start with documents in the
>>>public domain?
>>>
>>>2)Would it be practical to obtain individual permissions
>>>from intellectual property owners?
>>>
>>>3) Would it be best to create a situation where copyright
>>>holders proactively offer a free licence to the Canon?
>>
>>
>>I'd use a generous notion of fair use. Experimental, not for profit, for
>>research purposes only.
>>
>>At worse, I'd consider the Golden Canon trying to shape copyright
>>understanding.
>>
>>_________________________________________________________________________
>>Kevin Kelly
>>Wired magazine 520 3rd Street San Francisco, CA 94107 USA
>>
>>
>>The full text of my book OUT OF CONTROL can be found at
>>http://www.well.com/user/kk/OutOfControl/
>>
>>My next book on the NEW RULES OF THE NEW ECONOMY will be
published in the
>>fall of 98 by Viking/Penguin.
>>
>>
>
>
>Esther Dyson, chairman Always make new mistakes!
>EDventure Holdings
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